This Interpretation applies to cases in which a patient requests a medical institution, a producer, a seller of a medical product, or an organization that provides blood to bear tort liability on the ground that he or she has suffered bodily or property damage in the course of diagnostic and therapeutic activities.
This Interpretation shall apply to cases of infringement disputes initiated by patients on the grounds that they have suffered personal or property damages during medical cosmetic activities carried out by aesthetic medical institutions or medical institutions with medical cosmetic departments.
This Interpretation shall not apply to cases of disputes over medical service contracts brought by the parties.
The second article shall be accepted if a patient who suffers damage from the same injury or disease undergoing treatment in more than one medical institution sues some or all of the medical institutions that he or she has visited.
After the patient sued part of the medical institutions, the party concerned shall apply for additional medical institutions as *** with the defendant or third party, shall be allowed. If necessary, the people's court may, in accordance with the law, add the relevant parties to participate in the litigation.
Article 3 of the patient due to defective medical products have been harmed, suing some or all of the medical products manufacturers, sellers and medical institutions shall be accepted.
The patient only sued the producer of medical products, sellers, medical institutions in part of the subject, the parties to apply for additional subjects as *** with the defendant or the third party, shall be allowed. If necessary, the people's court may, in accordance with the law, additional relevant parties to participate in the proceedings.
The patient who has been harmed by the input of unqualified blood to bring an infringement lawsuit, with reference to the application of the provisions of the previous two paragraphs.
Article 4 of the patients based on the provisions of Article 54 of the Tort Liability Law, claiming that the medical institution to assume responsibility for compensation, should be submitted to the medical institution, the evidence of damage.
The patient is unable to submit the medical institution and its medical personnel are at fault, diagnosis and treatment of evidence of causal relationship between the damage, according to the law to apply for medical damage appraisal, the people's court shall be allowed.
Medical institutions claim not responsible, should be on the first paragraph of Article 60 of the Tort Liability Law, such as defenses bear the burden of proof.
Article 5 of the patients based on the tort liability law, article 55 of the provisions of the medical institution shall be liable for compensation, shall be submitted in accordance with the provisions of the first paragraph of the previous article evidence.
Implementation of surgery, special inspection, special treatment, the medical institution shall assume the obligation to explain and obtain the written consent of the patient or the patient's next of kin, but belongs to the provisions of article 56 of the tort liability law, except. Medical institutions to submit the patient or the patient's next of kin written evidence of consent, the people's court may find that the medical institution to explain the obligation, but the patient has evidence to the contrary is sufficient to refute the exception.
Article 6 of the Tort Liability Law, Article 58 of the medical record information, including medical institutions to keep outpatient medical records, hospitalization records, temperature lists, doctor's orders, test reports, medical imaging data, special examination (treatment) consent, surgical consent, surgery and anesthesia records, pathological information, nursing records, medical expenses, discharge records, as well as the State Council competent department of health administration of other provisions. Medical record information.
The patient applies to the people's court in accordance with the law for the medical institution to submit the medical record information related to the dispute in its custody, and if the medical institution fails to submit the information within the time limit specified by the people's court, the people's court may presume that the medical institution is at fault in accordance with the provisions of the second paragraph of Article 58 of the Law on Tort Liability, except that the medical institution may not be able to submit the information due to force majeure and other objective reasons.
Article 7 patients requesting compensation in accordance with the provisions of Article 59 of the Tort Liability Law shall submit evidence of the use of medical products or the input of blood, or damage.
The patient is unable to submit the use of medical products or input of blood and the damage has a causal relationship between the evidence, in accordance with the law to apply for an appraisal, the people's court shall be permitted.
Medical institutions, producers, sellers of medical products or blood supply institutions claim that they are not responsible for the medical products should not be defective or qualified blood and other defenses bear the burden of proof.
Article 8 of the parties to apply for medical damage liability disputes in accordance with the law, the people's court shall permit the identification of specialized issues.
The parties did not apply for identification, the people's court of the preceding paragraph of the specialized issues that need to be identified, shall be entrusted ex officio identification.
Article 9 of the parties to apply for identification of medical damage, by the parties to determine the negotiation of the expert.
The parties can not agree on the expert, the people's court to determine the method of identification, the parties agree, in accordance with the method of determination; the parties do not agree, the people's court shall designate.
The appraiser shall be determined from among the experts who have the appropriate appraisal ability and meet the appraisal requirements.
Article 10 of the commissioned medical damage appraisal, the parties shall submit true, complete and sufficient identification materials in accordance with the requirements. Submitted identification materials do not meet the requirements, the people's court shall notify the parties to replace or supplement the corresponding materials.
Before commissioning the appraisal, the people's court shall organize the parties to the appraisal materials for the examination.
Article 11 entrusted to the appraisal, there should be a clear identification matters and identification requirements. Appraisal shall be in accordance with the matters entrusted to appraisal and appraisal requirements.
The following specialized issues can be used as an application for medical damage appraisal matters:
(a) the implementation of diagnostic and treatment behavior with or without fault;
(b) diagnostic and treatment behavior and the damage consequences of the existence of a causal relationship between the magnitude of the causal force;
(c) the medical institution whether the obligation to explain the obligation to obtain the patient or the patient's next of kin to give written consent to the obligations
(d) whether the medical product is defective, whether there is a causal relationship between the defect and the consequences of the damage and the magnitude of the causal force;
(e) the degree of disability of the patient's injury;
(f) the patient's period of nursing care, rest, nutrition;
(vii) other specialized issues.
The appraisal requirements include the qualification of the appraiser, the composition of the appraiser, the appraisal procedure, the appraisal opinion, and the appraisal period.
Article 12 of the appraisal opinion can be in accordance with the patient damage caused by all the causes, the main cause, the same cause, secondary causes, minor causes or no causal relationship with the patient's damage, expressed in diagnosis and treatment behavior or medical products caused by the patient's damage caused by the magnitude of the cause of force.
Article 13 of the appraisal shall be examined by the parties.
The parties apply for expert witness, the people's court review agreed, or the people's court that it is necessary to appraise the expert, shall notify the expert to testify. The parties agree that the appraiser testifies by means of written instructions, audio-visual transmission technology or audio-visual materials, may be permitted.
Appraisers due to health reasons, natural disasters and other force majeure or other valid reasons can not appear in court on schedule, can be postponed; by the people's court permission, can also be testified through written instructions, audio-visual transmission technology or audio-visual materials.
Without the preceding paragraph, the appraiser refuses to testify in court, the party does not recognize the opinion, the opinion is not admissible.
Article 14 of the parties to apply for notification of one or two people with medical expertise in the court, the appraisal opinion or the case of other specialized factual issues, the people's court shall notify the people with medical expertise in the court.
The opinions of the persons with medical expertise provided for in the preceding paragraph shall be deemed to be the statements of the parties concerned, and may be used as the basis for determining the facts of the case after cross-examination.
Article 15 of the parties themselves commissioned by the expert appraisal of medical damage, the other parties recognized, may be admissible.
Parties *** with the commissioned appraisers to make medical damage appraisal, a party does not recognize, should put forward a clear objection content and reasons. Upon examination, there is evidence sufficient to prove that the objection is established, the appraisal opinion is not admissible; objection is not established, shall be admissible.
Article 16 of the medical institutions and their medical staff of the fault, shall be based on laws, administrative regulations, rules and other relevant diagnostic and treatment norms for the determination of the patient's condition can be taken into account the degree of urgency of the patient's individual differences, the local level of medical care, medical institutions and medical personnel qualifications and other factors.
Article 17 of the medical staff violated the obligations of the first paragraph of Article 55 of the Tort Liability Law, but did not cause personal injury to the patient, the patient requested the medical institution to bear the responsibility for damages, shall not be supported.
Article 18 of the rescue of patients with life-threatening emergencies and can not obtain the patient's opinion, the following circumstances can be recognized as tort liability law article 56 can not obtain the opinion of the patient's next-of-kin:
(a) the next-of-kin is not known;
(b) can not be contacted in a timely manner to the next-of-kin;
(c) next-of-kin refused to express their views.
(iv) the next of kin cannot reach a consensus;
(v) other cases stipulated by laws and regulations.
The preceding paragraph, the medical staff approved by the head of the medical institution or authorized by the person in charge of the immediate implementation of appropriate medical measures, the patient therefore requested the medical institution to bear the responsibility for compensation, shall not be supported; medical institutions and their medical staff negligent in the implementation of appropriate medical measures resulting in damage to the patient's request for the medical institution to bear the responsibility for compensation, shall be supported.
Article 19 of the two or more medical institutions of the diagnosis and treatment of the same damage caused by the patient, the patient requests the medical institution to assume liability, shall distinguish between different situations, in accordance with the provisions of article 8, article 11 or article 12 of the law of tort liability, to determine the liability of each medical institution.
Article 20 of the medical institutions to invite the unit outside the medical personnel of the patient diagnosis and treatment, due to the fault of the invited medical personnel caused by the patient's damage, by inviting the medical institutions to bear the responsibility for compensation.
Article 21 of the defective medical products or imported unqualified blood damage, the patient's request for medical institutions, defective medical products, producers, sellers, or blood providers to bear the responsibility for compensation, shall be supported.
After assuming the liability, the medical institution shall be supported to recover the compensation from the producer, seller or blood provider of the defective medical product.
Defective medical products or unqualified blood due to the fault of the medical institution, the producer, seller of medical products or blood providing organization to the medical institution after assuming the liability to recover, shall be supported.
Article 22 of the defective medical products and medical institutions and the fault of diagnosis and treatment behavior **** with the same cause the same damage to the patient, the patient requests the medical institution and the producer or seller of medical products to bear joint and several liability, shall be supported.
Medical institutions or producers or sellers of medical products bear the liability, to other responsible subjects to recover, should be based on the diagnostic and therapeutic behavior and defective medical products caused by the patient's damage caused by the magnitude of the cause of the force to determine the corresponding amount.
Input of unqualified blood and medical institutions and the fault of diagnostic and therapeutic behavior **** the same cause the same damage to the patient, with reference to the application of the provisions of the first two paragraphs.
Article 23 of the medical products producers, sellers know that medical products are defective still produce, sell, causing the death of the patient or serious damage to health, the infringed person requests the producer, seller compensation for losses and punitive damages of less than two times, the people's court shall support.
Article 24 The infringed person at the same time sued more than two medical institutions to bear the responsibility for compensation, the people's court after trial, the medical institution at the location of the court under appeal does not bear the responsibility for compensation in accordance with the law, and the other medical institutions to bear the responsibility for compensation, the calculation of disability compensation, death compensation, according to the following circumstances are dealt with separately:
(a) a medical institution to bear the responsibility, in accordance with that (a) If one medical institution bears the responsibility, the compensation standard of the place where the medical institution is located shall be followed;
(b) If two or more medical institutions bear the responsibility, the standard of the place where the medical institution with the higher compensation standard is located may be followed.
Article 25 After the death of a patient, if his close relatives request compensation for medical damages, this Interpretation shall apply; if the person who paid for the patient's reasonable expenses such as medical fees and funeral expenses requests compensation for such expenses, this Interpretation shall apply.
The "medical products" referred to in this Interpretation include medicines, sterilizing agents and medical devices.
Article 26 If the judicial interpretations previously issued by the Court are inconsistent with this Interpretation, this Interpretation shall prevail.